actual notice


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actual notice

Commonly means notice expressly and directly given to a person and received by that person.In legal documents,however,a requirement for actual notice may be satisfied through express notice or implied notice, but not by constructive notice. Express notice is given by actual delivery of the information to the person charged.Implied notice is satisfied if the person has sufficient facts available to cause him or her to ask further questions and thereby receive express notice. Constructive notice occurs when someone is charged by law with making inquiries such as would cause him or her to learn of facts giving rise to implied notice.

References in periodicals archive ?
If a reasonable and prudent person would be apprised of the existence of a right by reference to another document or if reference to another document can supply what clearly and reasonably appears to be an omission or defect in an essential part of the recorded instrument then notice is presumed as a matter of 'implied' actual notice.
58) The Court defined a standard that required a school district to have actual notice of harassment in order to be liable because Title IX's express means of enforcement requires actual notice to the funding recipient and an opportunity to voluntarily comply.
Although Crummey did not explicitly so hold, the IRS's position is that the present-interest requirement is not satisfied (and thus, no gift tax annual exclusion is available) unless a beneficiary has actual notice of the withdrawal right and a reasonable time within which to exercise the right before its lapse.
The judge concluded that "the question before us is not whether Daffin should be charged with actual notice of a pending mining application but merely failed to act.
Andre Banton, the insured and plaintiff, admitted that he received actual notice of the cancellation from the State of Florida (not the insurer) one day before the accident for which he sought coverage.
It's not until an actual notice has been filed, either a notice of default or a notice of sale, when it is strictly categorized as a distressed asset.
Additionally, evidence failed to show that the defendants had actual notice of a recurrent hazardous condition at the accident location (see Gloria v MGM Emerald Enters.
She observes how easy it would have been both for the Lindemans to give Andrew legally sufficient notice and for Andrew, who "clearly knew about the Indiana proceedings and had actual notice of the April 18 hearing date," to intervene in the Indiana action and protect his rights in that forum.
Only after she got the actual notice of registry renewal from the Secretary of State did she figure out that something wasn't right.
To win, Mosley most show "the school had actual notice of the harassment and was deliberately indifferent to it," says Jocelyn Samuels, a vice president at the National Women's Law Center.
It urged that NSC, on substantial and actual notice of GAC's proprietary rights, should be prevented from contending that it had unlimited rights in the wireline interface drawings.